EXPERIENCED MICHIGAN FAMILY LAW OFFICE
WE CAN HELP YOU MEET YOUR FAMILY LAW GOALS
ENFORCEMENT OF A JUDGMENT OF DIVORCE IN MICHIGAN
ENFORCEMENT OF AN ORDER OF SUPPORT IN MICHIGAN
Many times, although a Michigan Judgment of Divorce or a Michigan Order of the Court awards property, support, custody or parenting time, the party obligated to follow the Michigan Judgment of Divorce or Michigan Order ignores it. This forces the party wishing to enforce the Michigan Judgment of Divorce or Michigan Order to go back to Court to ask the Judge to enforce the Michigan Judgment of Divorce or Michigan Order of Support. Our Michigan Divorce and Family Law office is effective in pursuing enforcement of Michigan Divorce Judgments and Michigan Child or Spousal Support Orders.
CAN MY SPOUSE FILE BANKRUPTCY TO AVOID PAYING ME WHAT HE OWES IN OUR MICHIGAN DIVORCE JUDGMENT?
Although one can file Bankruptcy to discharge their debts, usually a property settlement awarded in a Judgment of Divorce is not dischargable in the Bankruptcy Court and can be enforced by the Court that entered the Judgment.
WHAT CAN THE COURT DO TO ENFORCE MY PROPERTY SETTLEMENT IN MY MICHIGAN JUDGMENT OF DIVORCE?
A MICHIGAN JUDGE CAN ISSUE SANCTIONS, COSTS AND CONTEMPT
Let's take the couch example above. Obviously, the Court can Order that the item be turned over in a certain number of days, or pay a fine. Frequently, when someone is awarded a piece of property that is "valuable" to them (usually sentimental value), the other party will refuse to turn it over. They may claim it was "ruined" or that "lost". If that is the case, the Court will generally require repayment for the item.
Sometimes the item in question has a bigger dollar value that a couch, like a large payment due or the sale of a house, or maybe it is that one party refuses to agree to the price for the sale of a home. If the party refuses to cooperate in the sale of an item that is requied by a Judgment or Order or refuses to pay what is owed pursuant to a Judgment or Order, the Court could appoint a Receiver. A Receiver is an independent person, usually an attorney, who is appointed by the Judge, and has the power (among other things) to seize and sell assets.
A Receiver can get the job done. However, items seized are usually sold at a firesale price, which can impact the amount of the price for the sale of a home, or a business if that is what is required. Also, the fees charged by a Receiver be high.
LET US HELP YOU
This above is not intended to be legal advice, and is only a brief overview of this area of law. If you have any questions regarding the enforcement of a child support order, enforcement of a spousal support order, enforcement of a judgment of divorce, modifiying a child support order, modifying a spousal support order or modfiying a judgment of divorce, contact us today. An experience Michigan family law lawyer will discuss your legal needs and provide you with information to protecting you and your family for years to come.
There is no charge for your initial phone consultation.
in Oakland County, Wayne County and Macomb County.
ATTORNEY ELLEN PAYNTER
West Bloomfield Main Office
Troy Satellite Office
Monday through Friday
****The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.****
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